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(영문) 부산지방법원 동부지원 2016.04.07 2016고단107
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18:15, 2015, the Defendant, who is engaged in driving BM3 cars, driven the above car at a speed below the speed of the speed of the city, and driven the two-lane road above the 103-lane Do of the Suyoung-dong, which is located in the Suwon-gu, Busan, Suwon-do., the two-lanes in front of the 103-lane Do to the intersection from the north to the intersection of the public.

The location is the intersection where signal lights are installed on the front side of the driving direction of the vehicle, and there is a crosswalk with signal lights, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle in accordance with the traffic signals and prevent the accident.

Nevertheless, the Defendant neglected this and got a bicycle driving by a victim C (63 ) who crosses the above crosswalk from the right side of the Defendant’s vehicle to the left side in accordance with the Mar. 1, 201, by negligence of violating the signal and entering the red signal crossing.

Ultimately, around January 12, 2016, the Defendant caused the death of the victim due to such occupational negligence at the Incheon High School for Marine Transportation (Seoul High School) located in 875, as Busan High School for Marine Transportation (Seoul High School) around 07:58 on January 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report or an occurrence of a traffic accident;

1. A criminal investigation report (limited to attachment of photographs by cutting cambling images of a witness's vehicle);

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of a death certificate);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., the fact that the defendant acknowledges the crime of this case; the defendant has no record of criminal punishment for the defendant; and the

1. The community service order under Article 62-2 of the Criminal Act;

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